Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 8-20-2013 by L.L. No. 6-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 93, Alcoholic Beverages, adopted 7-6-1977 by L.L. No. 6-1977 (Art. I of Ch. 22 of the 1974 Code), as amended.

§ 93-1 Purpose.

It is the intention of the Town Board of the Town of Clarkstown, as an exercise of its police power under Municipal Home Rule Law § 10 and Town Law § 130, to promote the general health, safety and welfare of the Town's residents by adopting this chapter. The Board finds and determines that the possession of open containers of alcoholic beverages under circumstances showing an intent to consume the contents of such containers on public land or the consumption of alcoholic beverages on public land contributes to the development of unsanitary conditions, disorderly gatherings and public nuisances and is therefore detrimental to the health, safety and welfare of the Town's residents.

§ 93-2 Definitions.

For the purposes of this chapter, the following terms shall have the meanings set forth below. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, fermented cider and every other liquid or solid, patented or not, containing alcohol, spirits, liquor, wine, beer or fermented cider and capable of being consumed by a human being.
CONTAINER
Includes any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Any public highway, street, sidewalk, park, playground, parking area, schoolyard, yard surrounding the Town Hall or other Town buildings or other area that is located within the Town of Clarkstown and is owned by the Town or by another municipal entity.

§ 93-3 Prohibited acts.

A. 
Unless the Town Board shall have expressly granted permission by resolution, no person shall have, possess or control any open or unsealed container of an alcoholic beverage on public lands under circumstances showing or evincing an intent to consume, by himself, herself or others, the contents of said container on such public land.
B. 
Unless the Town Board shall have expressly granted permission by resolution, no person shall consume an alcoholic beverage on public lands.

§ 93-4 Exceptions.

This chapter shall not apply to any person found to have violated § 1227, as amended, of the Vehicle and Traffic Law.

§ 93-5 Penalties for offenses.

Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine of not more than $1,000 for each violation. Each day that a violation of or failure to comply with any provision of this chapter or any regulations promulgated hereunder by the Town Board occurs shall constitute a separate and distinct violation. Any person found guilty of a second offense of any provision of this chapter within 18 months from the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months from the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500.

§ 93-6 Purpose.

It is the purpose of this article to protect the public interest, welfare, health and safety within the Town of Clarkstown by prohibiting the services to and consumption of alcoholic beverages and drugs by persons under the age of 21 at private premises located in the Town. The Town Board finds that the occurrence of social gatherings at private premises where alcoholic beverages or drugs are served to or consumed by persons under the age of 21 is harmful to such persons themselves and a threat to public welfare, health and safety. The Town Board finds further that persons under the age of 21 often obtain alcoholic beverages or drugs at such gatherings and that persons who are in control of such premises know or have reason to know of such service and/or consumption and will be more likely to ensure that alcoholic beverages and drugs are neither served to nor consumed by persons under the age of 21 at these gatherings under penalty of this article.

§ 93-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person, except that confectionary containing alcohol as provided in Subsection 12 of 200 Agriculture and Markets Law § 200 shall not be considered an alcoholic beverage within the meaning of this section.
DRUG
Any substance listed in Section 3306 of the Public Health Law.
GUARDIAN
A person who has qualified as a guardian of an underage person pursuant to testamentary or court appointment.
HOST
To organize a gathering of two or more persons or to allow the premises under one's control to be used with one's knowledge for a gathering of two or more persons for personal, social, or business interaction.
MINOR
Any person under the age of 21.
PERSON
A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
PREMISES
Any home, apartment, condominium, cooperative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
RELATIVE
An underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

§ 93-8 Possession restricted.

No minor shall be in possession of alcoholic liquors, whether in opened or closed containers or otherwise, within the Town of Clarkstown, except when accompanied by or in the presence of his or her parent, guardian or spouse who has attained the age required to possess alcoholic liquors. These restrictions shall apply to both public and private property.

§ 93-9 Hosting events restricted.

No person shall host an event or gathering at which the host knowingly allows alcoholic liquor to be consumed by or dispensed to any minor unless said minor is accompanied by or in the presence of his or her parent, guardian, or spouse who has attained the age required to possess, consume or dispense alcoholic liquors. This restriction shall apply to any event or gathering within the Town of Clarkstown, whether conducted on public or private property.

§ 93-10 Exceptions.

The provisions of this section shall not apply to:
A. 
An underage person who consumes or possesses an alcoholic beverage in connection with a religious observance, ceremony or rite, which is authorized by a parent or guardian, or to an underage person who consumes or possesses an alcoholic beverage in the presence of and with the permission of a parent or guardian who has attained the legal age to purchase and consume alcoholic beverages in the state.
B. 
The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by any other applicable law.

§ 93-11 Presumption of knowledge.

Person(s) who are in control of such premises know or have reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said premises.

§ 93-12 Penalties for offenses.

Any person violating any of the provisions of this article shall be punished, upon conviction, by a fine of not more than $1,000 for each violation. Each day that a violation of or failure to comply with any provision of this chapter or any regulations promulgated hereunder by the Town Board occurs shall constitute a separate and distinct violation. Any person found guilty of a second offense of any provision of this chapter within 18 months from the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months from the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500.